United States v. Almehairbi

The opinion of the court was delivered by: James V. Selna, U. S. District Judge

AMENDED July 22, 2010 as to defendants name and case number on subsequent pages only

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. June 24 2010

WITH COUNSEL John Barton, aptd.

(Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO

CONTENDERE NOT

GUILTY

There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to Possess a False Identification Document in violation of 18 U.S.C. § § 1028(f), 1028(a)(4) and 1028 (b)(6) as charged in the Single Count First Superseding Information The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby

Placed on Probation for a term of Two (2) Years.

It is ordered that the defendant shall pay to the United States a special assessment of $25.00 which is due

All fines are waived as it is found that the defendant does not have the ability to pay a fine.

Tthe defendant's term of Probation shall be served under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;

The defendant shall not commit any violation of local, state or federal law or ordinance;

The defendant shall refrain from any unlawful use of a controlled substance and alcohol. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer. The Court stays this condition for 10 days;

During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment.

The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office, located at: United States Court House, 411 West Fourth Street, Suite 4170, Santa Ana, California 92701-4516

The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name, without the prior written approval of the Probation Officer; nor shall the defendant use, for any purpose or in any manner, any name other than his/her true legal name; and

The defendant shall cooperate in the collection of a DNA sample from the defendant. The Court stays this condition for 10 days and while the defendant is outside the United States. Upon any return to the United States, during the period of probation, the defendant shall submit a DNA sample from the defendant within 10 days.

The Court GRANTS the government's motion to dismiss the underlying information ...

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